Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD HASHIM VS Respondent: THE STATEHonorable Justice Muhammad Sadiq LeghariShafi Muhammad Memon,Anwar H. Ansari
2003 Y L R 2682
2003 Y L R 2682
[Karachi]
Before Muhammad Sadiq Leghari, J
MUHAMMAD HASHIM and another---Applicants
Versus
THE STATE---Respondent
Criminal Bail Application No.37 of 2003, decided on 20th February, 2003.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss.394/511---Bail, grant of---No evidence whatsoever connecting the accused had been collected by prosecution---Accused having case for grant of bail was admitted to bail-- Bail application of other accused having not been pressed by his counsel, same was dismissed as not pressed.
Shafi Muhammad Memon for Applicants.
Anwar H. Ansari for the State.
ORDER
Prosecution case is that on 4-11-2002 Muharram Ali Abro was returning from Dadu to his village on a motorcycle. He had his licensed Revolver with him. On the way at 7-00 p.m., when he arrived near village Imam Bux Abro, three bandits intercepted him and attempted to rob him of his motorcycle. In the light of the motorcycle, he identified the culprits to be Hashim Jamali equipped with Lathi, Deenoo Lund with pistol and Daud Lund with Lathi. Moharram Ali resisted and was given Lathi blows. In his defence he opened fire, which hit Hashim Jamali. The culprits then ran away.
Moharram Ali then reported the matter to Dadu Police and was referred to Civil Hospital, Dadu for examination and treatment. On 5-11-2002 at 12-15 noon his F.I.R. was registered. Accused Hashim Jamali was also treated at Civil Hospital, Dadu.
After investigation, Hashim Jmali, Hashim Panhwar and Roshan Abro were challaned. Deenoo and Daud were let off being innocent.
The bail applications of Muhammad Hashim Jamali and Muhammad Hashim Panhwar were dismissed by common order dated 6-11-2002 by the learned IV-Additional Sessions Judge, Dadu. After that present application has been filed.
As regards Hashim Panhwar, his learned Advocate has contended that no evidence, whatsoever, connecting this applicant has been collected by the prosecution. Mr. Anwar Ansari, learned State Counsel also states that no evidence has been collected against Muhammad Hashim Panhwar. He (Muhammad Hashim Panhwar), therefore, has a case for bail. Bail granted to him. He shall be released on furnishing surety in the sum of Rs.50,000 with P.R. bond in the like amount to the satisfaction of the learned trial Court.
Bail application of Muhammad Hashim Jamali has not been pressed by the learned Advocate for the time being and the same is dismissed as not pressed.
H.B.T./M-524/K Order accordingly.